Question about traveling
This is a discussion on Question about traveling within the General Firearm Discussion forums, part of the Related Topics category; Since I don't have CC license yet, when I travel within the state what are the rules of the having a pistol in the car ...
November 18th, 2008 11:59 AM
Question about traveling
Since I don't have CC license yet, when I travel within the state what are the rules of the having a pistol in the car with you? By the way I live in Texas.
Also, traveling outside the state of Texas without CCL
November 18th, 2008 12:36 PM
In Texas, it has always been a defense against a charge of illegal possession that you were traveling. In the past, the burden of proof was on the traveler. Recently the law changed and the burden of proof is on the prosecutor. That doesn't mean you can't be charged with illegal possession if the officer believes you were not in fact traveling.
There have been some posts here indicating that other law changes make it lawful to possess in your car. I'm uncertain of that. It is not what I was taught 1 year ago when I renewed my license, and the State Leg. hasn't met since.
Check with a qualified instructor, or other source that can give you an authoritative answer. Don't go by what we tell you here because we might not know what we are talking about.
As to part 2 of your question, if you are not licensed, you should not be traveling into another state where a license is required. E.g., don't go to OK or Arkansas. It might be OK to go to NM though; but you need to learn the details of their laws. (And in my opinion they are difficult to understand.)
I strongly urge you to take the licensing course and in the course of that instruction, to read the handbook DPS has for license applicants; then study it at home many times.
The best protection against allegations of illegal possession is to get the license. Then you are good to go so long as you don't violate a few basic restrictions.
November 18th, 2008 01:05 PM
OK, I will read up on it. I can't get CHL now, I gotta wait 'till February . I can go to shooting ranges right? or no
November 19th, 2008 09:01 AM
In Texas, in a vehicle, the only requirement is that the firearm must be concealed:
Originally Posted by Mikey
Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:
(1) on the person's own premises or premises under the person's control; or
(2) inside of or directly en route to a motor vehicle that is owned by the person or under the person's control.
(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle that is owned by the person or under the person's control at any time in which:
(1) the handgun is in plain view; or
(2) the person is:
(A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic;
(B) prohibited by law from possessing a firearm; or
(C) a member of a criminal street gang, as defined by Section 71.01.
(a-2) For purposes of this section, "premises" includes real property and a recreational vehicle that is being used as living quarters, regardless of whether that use is temporary or permanent. In this subsection, "recreational vehicle" means a motor vehicle primarily designed as temporary living quarters or a vehicle that contains temporary living quarters and is designed to be towed by a motor vehicle. The term includes a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters.
(b) Except as provided by Subsection (c), an offense under this section is a Class A misdemeanor.
(c) An offense under this section is a felony of the third degree if the offense is committed on any premises licensed or issued a permit by this state for the sale of alcoholic beverages.
Outside the state of Texas, until you stop in a state that is your destination you may transport your firearm, according to 18 USC 926A, unloaded, with the ammo and the gun locked in the trunk, or in absence of a trunk, the unloaded gun and the ammo must be locked in a case:
Once you stop in a state that is your destination, you must abide by that state's laws, for instance, in Oklahoma, the gun must be unloaded and visible or in a case that is especially made for firearms that is visible.
Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driverís compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.
November 19th, 2008 09:15 AM
H.B. 1815 Traveling & Unlicensed Carry
ē Allows the unlicensed carrying of a concealed handgun inside or directly en route to the person's motor vehicle.
Amends Section 46.02, Penal Code to add Subsection (a-1) and (a-2):
(a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife or club if the person is not:
(1) on the personís own premises or premises under the personís control; or
(2) inside of or directly en route to a motor vehicle that is owned by the person or under the personís control.
Blessed be the Lord my strength, which teacheth my hands to war, and my fingers to fight.
Senior Instructor for Tactical and Defensive of Texas
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